1. Case Status Changed From “Case Was Received” to “Notice Was Returned To USCIS Because The Post Office Could Not Deliver It”?
My petition was filed with USCIS for H4 dependent visa in May 2019. My spouse who is on H1B visa got his petition approved in July to being Oct. 1, 2019, however, my case is shown as “Case was received”. But on August 5th 2019 the status changed to “Notice Was Returned To USCIS Because The Post Office Could Not Deliver It” though there was no change in address. What should I do in this case? What does “Notice Was Returned To USCIS Because The Post Office Could Not Deliver It” really mean when there was no update on my case status.? Lastly, my H1B petition is picked in the lottery for this year and my employer has replied for the RFE raised by USCIS. The status for my H1B petition is shown as ” Evidence received”. Will this change in H4 status impact my H1B petition?
Mr. Lee Answers:
To find out what is happening with your case, you should call the U.S.C.I.S. Contact Center at 1-800-375-5283. A customer representative should be able to tell you what notice was returned to the agency. The notice usually means that U.S.C.I.S. sent something to you, and for some reason the notice was returned, e.g. name was not on the mailbox or postman did not recognize that you lived at the address. As to whether a change in your H-4 dependent visa case will impact your H-1B petition, it may depend upon the content of the notice. If the notice that was sent out was a denial, you would likely receive a denial on the change of status part of the H-1B even if the petition part is approved by U.S.C.I.S.
2. A Company filed H-1b for My Wife Who is On H-4 Visa In U.S. If H-4 Is Expired but H-1B Is Pending. What To Do?
A company filed H-1b for my wife(who is on H-4 visa with me in US) this year through H-1b quota. If H-4 visa is expired and if we are still waiting for H-1B status update, will my wife be out of status in US? Can I file for H-4 extension after we get rejection for H-1b, even after the date H-4 gets expired? Seeing the delays in H-1B and number of rejections we are receiving, Should I instead look for filing H-4 EAD for my Wife, as my I-140 is approved? If yes do I need to extend H-4 before filing H-4 EAD or they go together in tandem. If we get H-4 EAD before H-1B approval would H-1B be still valid.
Mr. Lee Answers:
If your wife’s H-4 visa status is expired and she is still waiting for the H-1B which was filed on her behalf, she would not be considered out of status as long as the H-4 extended until September 30 if your wife is applying for a cap H-1B. Your wife can file for an H-4 extension even after the date is expired, but it will be up to U.S.C.I.S. as to whether it will approve a late extension. As your I-140 petition is already approved, you can think of your wife filing an H-4 EAD, but should be aware that U.S.C.I.S. is reportedly looking to rescind the rule that allows H-4 employment. If you and your wife do decide to go that route, your wife can file for extension and EAD at the same time. If your wife obtains the H-4 EAD before her H-1B is approved and the H-1B is later approved, the H-1B would be valid and supersede the H-4.
3. Can I Still Have a Chance for Approval If I File Motion to Reopen/ Reconsider My I-601 Denial?
My husband currently out of the US and had gotten denied I-601 and visa application. Is there anything else we can do or apply for? He is inadmissible until 2026 it says and has a drug felony. What are my chances of appeal of the denial?
Mr. Lee Answers:
A section 212(h) waiver for which you have filed the form I-601 will not forgive a crime involving drugs except for possession of 30 g or less of marijuana for personal use. I do not imagine that you would win on appeal or by filing a motion to reopen or reconsider the denial unless that was the offense for which he pled or was convicted.
